ARTICLE 1

STRENGTHEN THE FREEDOM TO VOTE

Section 1. Minnesota Statutes 2022, section 13.607, is amended by adding a subdivision to read:

new text begin Subd. 9. new text end

new text begin Ineligible voter data. new text end

new text begin Any data transferred to the secretary of state regarding applicants who are determined ineligible to register to vote is governed by section 201.161. new text end

Sec. 2.

Minnesota Statutes 2022, section 171.06, subdivision 3, as amended by Laws 2023, chapter 13, article 1, section 3, is amended to read:

Subd. 3.

Contents of application; other information.

(a) An application must:

(1) state the full name, date of birth, sex, and either (i) the residence address of the applicant, or (ii) designated address under section 5B.05;

(2) as may be required by the commissioner, contain a description of the applicant and any other facts pertaining to the applicant, the applicant's driving privileges, and the applicant's ability to operate a motor vehicle with safety;

(3) state:

(i) the applicant's Social Security number; or

(ii) if the applicant does not have a Social Security number and is applying for a Minnesota identification card, instruction permit, or class D provisional or driver's license, that the applicant elects not to specify a Social Security number;

(4) contain a notification to the applicant of the availability of a living will/health care directive designation on the license under section 171.07, subdivision 7; deleted text begin anddeleted text end

(5) include a method for the applicant to:

(i) request a veteran designation on the license under section 171.07, subdivision 15, and the driving record under section 171.12, subdivision 5a;

(ii) indicate a desire to make an anatomical gift under subdivision 3b, paragraph (e);

(iii) as applicable, designate document retention as provided under section 171.12, subdivision 3c; and

(iv) indicate emergency contacts as provided under section 171.12, subdivision 5bnew text begin ; andnew text end

new text begin (6) meet the requirements under section 201.161, subdivision 3new text end .

(b) Applications must be accompanied by satisfactory evidence demonstrating:

(1) identity, date of birth, and any legal name change if applicable; and

(2) for driver's licenses and Minnesota identification cards that meet all requirements of the REAL ID Act:

(i) principal residence address in Minnesota, including application for a change of address, unless the applicant provides a designated address under section 5B.05;

(ii) Social Security number, or related documentation as applicable; and

(iii) lawful status, as defined in Code of Federal Regulations, title 6, section 37.3.

(1) satisfactory evidence demonstrating the applicant's full legal name and United States citizenship; and

(2) a photographic identity document.

(d) A valid Department of Corrections or Federal Bureau of Prisons identification card containing the applicant's full name, date of birth, and photograph issued to the applicant is an acceptable form of proof of identity in an application for an identification card, instruction permit, or driver's license as a secondary document for purposes of Minnesota Rules, part 7410.0400, and successor rules.

(e) An application form must not provide for identification of (1) the accompanying documents used by an applicant to demonstrate identity, or (2) except as provided in paragraphs (b) and (c), the applicant's citizenship, immigration status, or lawful presence in the United States. The commissioner and a driver's license agent must not inquire about an applicant's citizenship, immigration status, or lawful presence in the United States, except as provided in paragraphs (b) and (c).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2023. new text end

Sec. 3.

Minnesota Statutes 2022, section 201.054, subdivision 1, is amended to read:

Subdivision 1.

Registration.

new text begin (a) new text end An individual may register to vote:

(1) at any time before the 20th day preceding any election as provided in section 201.061, subdivision 1;

(2) on the day of an election as provided in section 201.061, subdivision 3; or

(3) when submitting an absentee ballot, by enclosing a completed registration application as provided in section 203B.04, subdivision 4.

new text begin (b) An individual who is under the age of 18, but who is at least 16 years of age and otherwise eligible, may submit a voter registration application as provided in section 201.061, subdivisions 1 and 1b. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2023. new text end

Sec. 4.

Minnesota Statutes 2022, section 201.054, subdivision 2, is amended to read:

Subd. 2.

Prohibitions; penalty.

No individual shall intentionally:

(1) cause or attempt to cause the individual's name to be registered in any precinct if the individual is not eligible to votenew text begin , except as permitted by section 201.061, subdivision 1bnew text end ;

(2) cause or attempt to cause the individual's name to be registered for the purpose of voting in more than one precinct;

(3) misrepresent the individual's identity when attempting to register to vote; or

(4) aid, abet, counsel, or procure any other individual to violate this subdivision.

A violation of this subdivision is a felony.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2023. new text end

Sec. 5.

Minnesota Statutes 2022, section 201.061, is amended by adding a subdivision to read:

new text begin Subd. 1b. new text end

new text begin Preregistration. new text end

new text begin An individual who is under the age of 18, but who is at least 16 years of age and meets all requirements for eligibility in section 201.014, except for age, may submit a voter registration application or be automatically registered under section 201.161 at the address in which the voter maintains residence pursuant to subdivision 1. Nothing in this section shall be construed to entitle an individual to appear on a polling place roster or cast a ballot at an election if the individual does not meet all eligibility requirements for voting, including age. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2023. new text end

Sec. 6.

Minnesota Statutes 2022, section 201.071, subdivision 1, as amended by Laws 2023, chapter 12, section 2, is amended to read:

Subdivision 1.

Form.

Both paper and electronic voter registration applications must contain the same information unless otherwise provided by law. A voter registration application must contain spaces for the following required information: voter's first name, middle name, and last name; voter's previous name, if any; voter's current address; voter's previous address, if any; voter's date of birth; voter's municipality and county of residence; voter's telephone number, if provided by the voter; date of registration; current and valid Minnesota driver's license number or Minnesota state identification number, or if the voter has no current and valid Minnesota driver's license or Minnesota state identification, the last four digits of the voter's Social Security number; and voter's signature. The paper registration application may include the voter's email address, if provided by the voter. The electronic voter registration application must include the voter's email address. The registration application may include the voter's interest in serving as an election judge, if indicated by the voter. The application must also contain the following certification of voter eligibility:

"I certify that I:

(1) deleted text begin will be at least 18 years old on election daydeleted text end new text begin am at least 16 years old and understand that I must be at least 18 years old to be eligible to votenew text end ;

(2) am a citizen of the United States;

(3) will have resided in Minnesota for 20 days immediately preceding election day;

(4) maintain residence at the address given on the registration form;

(5) am not under court-ordered guardianship in which the court order revokes my right to vote;

(6) have not been found by a court to be legally incompetent to vote;

(7) am not currently incarcerated for a conviction of a felony offense; and

(8) have read and understand the following statement: that giving false information is a felony punishable by not more than five years imprisonment or a fine of not more than $10,000, or both."

The certification must include boxes for the voter to respond to the following questions:

"(1) Are you a citizen of the United States?" and

"(2) deleted text begin Will you be 18 years old on or before election day?deleted text end new text begin Are you at least 16 years old and will you be at least 18 years old on or before the day of the election in which you intend to vote?new text end "

And the instruction:

"If you checked 'no' to either of these questions, do not complete this form."

The form of the voter registration application and the certification of voter eligibility must be as provided in this subdivision and approved by the secretary of state. Voter registration forms authorized by the National Voter Registration Act must also be accepted as valid. The federal postcard application form must also be accepted as valid if it is not deficient and the voter is eligible to register in Minnesota.

An individual may use a voter registration application to apply to register to vote in Minnesota or to change information on an existing registration.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2023. new text end

Sec. 7.

Minnesota Statutes 2022, section 201.071, subdivision 1, as amended by Laws 2023, chapter 12, section 2, is amended to read:

Subdivision 1.

Form.

Both paper and electronic voter registration applications must contain the same information unless otherwise provided by law. A voter registration application must contain spaces for the following required information: voter's first name, middle name, and last name; voter's previous name, if any; voter's current address; voter's previous address, if any; voter's date of birth; voter's municipality and county of residence; voter's telephone number, if provided by the voter; date of registration; current and valid Minnesota driver's license number or Minnesota state identification number, or if the voter has no current and valid Minnesota driver's license or Minnesota state identification, the last four digits of the voter's Social Security number; new text begin a box to indicate a voter's preference to join the permanent absentee voter list; new text end and voter's signature. The paper registration application may include the voter's email address, if provided by the voter. The electronic voter registration application must include the voter's email address. The registration application may include the voter's interest in serving as an election judge, if indicated by the voter. The application must also contain the following certification of voter eligibility:

"I certify that I:

(1) will be at least 18 years old on election day;

(2) am a citizen of the United States;

(3) will have resided in Minnesota for 20 days immediately preceding election day;

(4) maintain residence at the address given on the registration form;

(5) am not under court-ordered guardianship in which the court order revokes my right to vote;

(6) have not been found by a court to be legally incompetent to vote;

(7) am not currently incarcerated for a conviction of a felony offense; and

(8) have read and understand the following statement: that giving false information is a felony punishable by not more than five years imprisonment or a fine of not more than $10,000, or both."

The certification must include boxes for the voter to respond to the following questions:

"(1) Are you a citizen of the United States?" and

"(2) Will you be 18 years old on or before election day?"

And the instruction:

"If you checked 'no' to either of these questions, do not complete this form."

An individual may use a voter registration application to apply to register to vote in Minnesota or to change information on an existing registration.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2024. new text end

Sec. 8.

Minnesota Statutes 2022, section 201.091, subdivision 4, is amended to read:

Subd. 4.

Public information lists.

The county auditor shall make available for inspection a public information list which must contain the name, address, year of birth, and voting history of each registered voter in the county. new text begin Data on applicants submitted pursuant to section 201.061, subdivision 1b, are not part of the public information list until the voter is registered or has voting history. new text end The list must not include the party choice of any voter who voted in a presidential nomination primary. The telephone number must be included on the list if provided by the voter. The public information list may also include information on voting districts. The county auditor may adopt reasonable rules governing access to the list. No individual inspecting the public information list shall tamper with or alter it in any manner. No individual who inspects the public information list or who acquires a list of registered voters prepared from the public information list may use any information contained in the list for purposes unrelated to elections, political activities, or law enforcement. The secretary of state may provide copies of the public information lists and other information from the statewide registration system for uses related to elections, political activities, or in response to a law enforcement inquiry from a public official concerning a failure to comply with any criminal statute or any state or local tax statute.

Before inspecting the public information list or obtaining a list of voters or other information from the list, the individual shall provide identification to the public official having custody of the public information list and shall state in writing that any information obtained from the list will not be used for purposes unrelated to elections, political activities, or law enforcement. Requests to examine or obtain information from the public information lists or the statewide registration system must be made and processed in the manner provided in the rules of the secretary of state.

Upon receipt of a statement signed by the voter that withholding the voter's name from the public information list is required for the safety of the voter or the voter's family, the secretary of state and county auditor must withhold from the public information list the name of a registered voter.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2023. new text end

Sec. 9.

Minnesota Statutes 2022, section 201.161, is amended to read:

201.161 deleted text begin DRIVER'S LICENSE AND IDENTIFICATION CARD APPLICATIONSdeleted text end new text begin AUTOMATIC VOTER REGISTRATIONnew text end .

new text begin Subdivision 1. new text end

new text begin Automatic registration. new text end

new text begin (a) Except as otherwise provided in this section, an individual must be registered to vote if the individual is eligible to vote under section 201.014 and properly completes and submits one of the following applications, if the application includes documentation or verification of United States citizenship or records reflect that the applicant provided proof of citizenship during a previous agency transaction: new text end

new text begin (1) an application for a new or renewed Minnesota driver's license or identification card; new text end

new text begin (2) an initial or renewal application for MinnesotaCare under chapter 256L or medical assistance under chapter 256B; or new text end

new text begin (3) an application for benefits or services to a state agency participating under subdivision 5. new text end

new text begin (b) If a registered voter supplies a different name or address as part of an application under this subdivision from the name and address in the voter registration record, the registrant's voter registration record must be updated to reflect the name or address information provided. new text end

new text begin Subd. 2. new text end

new text begin Option to decline. new text end

new text begin Upon receipt of the registration information, the county auditor must queue for mailing in the statewide voter registration system a notice to the individual that provides an opportunity to decline the registration. The secretary of state must promptly mail all notices queued in the statewide voter registration system. An individual must not be registered if the individual declines to be registered within 20 days of the date of the mailing of the notice under this section. An otherwise eligible individual who declines to register must be offered a new registration opportunity with each qualifying application submitted under subdivision 1. The notice must be drafted to ensure maximum language access consistent with maintaining readability, and at a minimum must identify a website where the materials are made available in the ten most common languages for which translation is needed by voters. new text end

new text begin Subd. 3. new text end

new text begin Department of Public Safety. new text end

new text begin (a) new text end The deleted text begin Departmentdeleted text end new text begin commissionernew text end of public safety deleted text begin shalldeleted text end new text begin , in consultation with the secretary of state, mustnew text end change deleted text begin itsdeleted text end new text begin thenew text end applications for an original, duplicate, or change of address driver's license or identification card so that deleted text begin the forms may also serve as voter registration applications. The forms must contain spaces for all information collected by voter registration applications prescribed by the secretary of state. Applicants for driver's licenses or identification cards must be asked if they want to register to vote at the same time and that information must be transmitted at least weeklydeleted text end new text begin any forms where applicants may provide documentation of United States citizenship contain spaces for all information required to register to vote, as prescribed by the secretary of state. Unless the applicant has provided an address other than the applicant's address of residence under section 171.12, subdivision 7, paragraph (d), the commissioner must transmit the information dailynew text end by electronic means to the secretary of state. Pursuant to the Help America Vote Act of 2002, Public Law 107-252, the computerized driver's license record containing the voter's name, address, date of birth,new text begin citizenship,new text end driver's license number or state identification number, county, deleted text begin town,deleted text end and citynew text begin or townnew text end must be made available for access by the secretary of state and interaction with the statewide voter registration system.new text begin The commissioner must submit data to the secretary of state identifying the total number of individuals that completed qualifying transactions under this section and the total number of individuals whose records were ultimately transferred for registration. At a minimum, the commissioner must submit the data to the secretary of state on the same day each month. The secretary of state must publish a monthly report of this data.new text end

new text begin (b) An applicant's information must not be transmitted to the secretary of state under this section unless the applicant provides documentation of United States citizenship or records maintained by the Department of Public Safety indicate that the applicant provided documentation demonstrating United States citizenship as part of a previous license or identification card transaction. If the applicant does not provide or has not previously provided documentation of United States citizenship, the commissioner must provide information during the transaction regarding voter registration and eligibility criteria. If the applicant provides documentation during the transaction indicating that the applicant is not a United States citizen, the applicant's information must not be transmitted to the secretary of state and the applicant must not be offered a voter registration opportunity. new text end

new text begin (c) No applicant may be registered to vote under this subdivision until: new text end

new text begin (1) the commissioner of public safety has certified that the department's systems have been tested and can accurately provide the required data and accurately exclude from transmission data on individuals who have not provided documentary evidence of United States citizenship; and new text end

new text begin (2) the secretary of state has certified that the system for automatic registration of those applicants has been tested and is capable of properly determining whether an applicant is eligible to submit a voter registration application. new text end

new text begin The department's systems must be tested and accurately provide the necessary data no later than December 1, 2023. new text end

new text begin (d) For purposes of this section, "driver's license" includes any instruction permit, provisional license, limited license, restricted license, or operator's permit issuable by the commissioner of public safety under chapter 171. new text end

new text begin Subd. 4. new text end

new text begin Department of Human Services. new text end

new text begin (a) If permitted by the federal government, the commissioner of human services, in consultation with the secretary of state, must ensure the applications described in subdivision 1, paragraph (a), clause (2), also serve as voter registration applications for applicants 18 years of age or older whose United States citizenship has been verified as part of the application. The commissioner must transmit information required to register to vote, as prescribed by the secretary of state, daily by electronic means to the secretary of state for an individual whose United States citizenship has been verified. The commissioner must submit data to the secretary of state identifying the total number of individuals who completed qualifying transactions under this section and the total number of individuals whose records were ultimately transferred for registration. At a minimum, the commissioner must submit the data to the secretary of state on the same day each month. new text end

new text begin (b) No applicant may be registered to vote under this subdivision until (1) the commissioner of human services has certified that the department's systems have been tested and can accurately provide the required data and accurately exclude from transmission data on individuals who have not provided documentary evidence of United States citizenship, and (2) the secretary of state has certified that the system for automatic registration of those applicants has been tested and is capable of properly determining whether an applicant is eligible to vote. The department's systems must be tested and accurately provide the necessary data no later than September 30 of the year following the year in which federal approval or permission is given, contingent on appropriations being available for this purpose. new text end

new text begin Subd. 5. new text end

new text begin Other agencies and units of government. new text end

new text begin (a) The commissioner of management and budget must, in consultation with the secretary of state, identify any other state agency that is eligible to implement automatic voter registration. The commissioner must consider a state agency eligible if the agency collects, processes, or stores the following information as part of providing assistance or services: name, residential address, date of birth, and citizenship verification. An eligible agency must submit a report to the governor and secretary of state no later than December 1, 2024, describing steps needed to implement automatic voter registration, barriers to implementation and ways to mitigate them, and applicable federal and state privacy protections for the data under consideration. By June 1, 2025, the governor, at the governor's sole discretion, must make final decisions, as to which agencies will implement automatic voter registration by December 31, 2025, and which agencies could implement automatic voter registration if provided with additional resources or if the legislature changed the law to allow data to be used for automatic voter registration. The governor must notify the commissioner of management and budget of the governor's decisions related to automatic voter registration. By October 1, 2025, the commissioner of management and budget must report to the chairs and ranking minority members of the legislative committees with jurisdiction over election policy and finance. The report must include: new text end

new text begin (1) the agencies that will implement automatic voter registration by December 31, 2025; new text end

new text begin (2) the agencies which could implement automatic voter registration if provided with additional resources and recommendations on the necessary additional resources; and new text end

new text begin (3) the agencies that could implement automatic voter registration if the legislature changed the law to allow data to be used for voter registration and recommendations on how the law could be changed to allow the use of the data for this purpose. new text end

new text begin (b) An agency may not begin verifying citizenship as part of an agency transaction for the sole purpose of providing automatic voter registration. Once an agency has implemented automatic voter registration, it must continue to provide automatic voter registration unless otherwise expressly required by law. For each individual whose United States citizenship has been verified, the commissioner or agency head must transmit information required to register to vote, as prescribed by the secretary of state, to the secretary of state by electronic means. The governor must determine the frequency of the transmissions for each agency. new text end

new text begin (c) No applicant may be registered to vote under this subdivision until (1) the agency's commissioner or agency head has certified that the necessary systems have been tested and can accurately provide the required data and accurately exclude from transmission data on individuals whose United States citizenship has not been verified, and (2) the secretary of state has certified that the system for automatic registration of those applicants has been tested and is capable of properly determining whether an applicant is eligible to vote. new text end

new text begin Subd. 6. new text end

new text begin Registration. new text end

new text begin (a) The secretary of state must compare all application information submitted under this section with the information received under section 201.145 to determine whether an applicant is eligible to vote. If an applicant appears on the list of individuals who are ineligible to vote, the secretary of state must not process the application further and must not share the applicant's information with the county for registration. For applicants who do not appear to be ineligible to vote, the secretary of state must determine whether the applicant whose information is submitted under this section is currently registered in the statewide voter registration system. new text end

new text begin (b) If the applicant is not currently registered in the statewide voter registration system, the secretary of state must transmit the registration daily by electronic means to the county auditor of the county where the voter resides. new text end

new text begin (c) Any data regarding applicants who the secretary determines are not eligible to vote are private data on individuals, as defined in section 13.02, subdivision 12. new text end

new text begin (d) The county auditor must cancel the voter's record in the statewide voter registration system upon receipt of a written request, signed by the voter, that the registration be removed. new text end

new text begin Subd. 7. new text end

new text begin Prosecution of registration violations; voluntary action required. new text end

new text begin The transfer of an individual's record under this section does not constitute an attempt to register to vote or a completion of a voter registration form by that individual. If such a registration is processed by the state, it is presumed to have been officially authorized by the state. This subdivision does not apply to an individual who knowingly and willfully makes a false statement to effectuate voter registration or who intentionally takes voluntary action to register to vote or vote knowing of the individual's ineligibility to vote. new text end

new text begin Subd. 8. new text end

new text begin Effective date of registration. new text end

new text begin Unless the applicant declines registration, the effective date is the date that the county auditor processes the application. This subdivision does not limit the ability of a person to register to vote on election day as provided in section 201.061, subdivision 3. Any person who submits a qualifying application under subdivision 1 that is dated during the 20 days before an election must be provided, at the time of application, with a notice advising the applicant of the procedures to register to vote on election day. new text end

Sec. 10.

Minnesota Statutes 2022, section 201.162, is amended to read:

201.162 DUTIES OF STATE AGENCIES.

The commissioner or chief administrative officer of each state agency or community-based public agency or nonprofit corporation that contracts with the state agency to carry out obligations of the state agency shall provide voter registration services for employees and the publicnew text begin , including, as applicable, automatic voter registration or information on voter eligibility and registration procedures as required under section 201.161new text end . A person may complete a voter registration application or apply to change a voter registration name or address if the person has the proper qualifications on the date of application. Nonpartisan voter registration assistance, including routinely asking members of the public served by the agency whether they would like to register to vote and, if necessary, assisting them in preparing the registration forms must be part of the job of appropriate agency employees.

Sec. 11.

Minnesota Statutes 2022, section 203B.04, subdivision 1, is amended to read:

Subdivision 1.

Application procedures.

(a) Except as otherwise allowed by subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots for any election may be submitted at any time not less than one day before the day of that election. The county auditor shall prepare absentee ballot application forms in the format provided by the secretary of state and shall furnish them to any person on request. By January 1 of each even-numbered year, the secretary of state shall make the forms to be used available to auditors through electronic means. An application submitted pursuant to this subdivision shall be in writing. An application may be submitted in person, by electronic facsimile device, by electronic mail, or by mail to:

(1) the county auditor of the county where the applicant maintains residence; or

(2) the municipal clerk of the municipality, or school district if applicable, where the applicant maintains residence.

For a federal, state, or county election, an absentee ballot application may alternatively be submitted electronically through a secure website that shall be maintained by the secretary of state for this purpose. Notwithstanding paragraph (b), the secretary of state must require applicants using the website to submit the applicant's email address and verifiable Minnesota driver's license number, Minnesota state identification card number, or the last four digits of the applicant's Social Security number.

An application submitted electronically under this paragraph may only be transmitted to the county auditor for processing if the secretary of state has verified the application information matches the information in a government database associated with the applicant's driver's license number, state identification card number, or Social Security number. The secretary of state must review all unverifiable applications for evidence of suspicious activity and must forward any such application to an appropriate law enforcement agency for investigation.

(b) An application shall be approved if it is timely received, signed and dated by the applicant, contains the applicant's name and residence and mailing addresses, date of birth, and at least one of the following:

(1) the applicant's Minnesota driver's license number;

(2) Minnesota state identification card number;

(3) the last four digits of the applicant's Social Security number; or

(4) a statement that the applicant does not have any of these numbers.

(c) To be approved, the application must contain an oath that the information contained on the form is accurate, that the applicant is applying on the applicant's own behalf, and that the applicant is signing the form under penalty of perjury.

(d) An applicant's full date of birth, Minnesota driver's license or state identification number, and the last four digits of the applicant's Social Security number must not be made available for public inspection. An application may be submitted to the county auditor or municipal clerk by an electronic facsimile device. An application mailed or returned in person to the county auditor or municipal clerk on behalf of a voter by a person other than the voter must be deposited in the mail or returned in person to the county auditor or municipal clerk within ten days after it has been dated by the voter and no later than six days before the election. deleted text begin The absentee ballot applications or a list of persons applying for deleted text end deleted text begin an absentee ballot may not be made available for public inspection until the close of voting deleted text end deleted text begin on election day, except as authorized in section deleted text end deleted text begin 203B.12deleted text end deleted text begin , and must be available to the public deleted text end deleted text begin in the same manner as public information lists in section deleted text end deleted text begin 201.091, subdivisions 4deleted text end deleted text begin , 5, and 9.deleted text end

(e) An application under this subdivision may contain an application under subdivision 5 to automatically receive an absentee ballot deleted text begin applicationdeleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2024. new text end

Sec. 12.

Minnesota Statutes 2022, section 203B.04, subdivision 5, is amended to read:

Subd. 5.

Permanent absentee voter status.

(a) An eligible voter may apply to a county auditor or municipal clerk to automatically receive an absentee ballot deleted text begin applicationdeleted text end before each election, other than an election by mail conducted under section 204B.45, and to have the status as a permanent absentee voter indicated on the voter's registration record. An eligible voter listed as an ongoing absentee voter as of July 31, 2013, pursuant to laws in effect on that date, shall be treated as if the voter applied for status as a permanent absentee voter pursuant to this subdivision.

(b) A voter who applies under paragraph (a) must automatically be provided an absentee ballot deleted text begin applicationdeleted text end for each eligible election. A voter's permanent absentee status ends and automatic ballot deleted text begin applicationdeleted text end delivery must be terminated on:

(1) the voter's written request;

(2) the voter's death;

(3) return of an absentee ballot as undeliverable; or

(4) a change in the voter's status to "challenged" or "inactive" in the statewide voter registration system.

new text begin (d) This subdivision does not apply to a voter residing in a jurisdiction that conducts elections entirely by mail under section 204B.45. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2024. new text end

Sec. 13.

Minnesota Statutes 2022, section 203B.06, subdivision 1, is amended to read:

Subdivision 1.

Printing and delivery of forms.

Each county auditor and municipal clerk shall prepare and print a sufficient number of blank application forms for absentee ballots. The county auditor or municipal clerk shall deliver a blank application form to any voter who requests one pursuant to section 203B.04. deleted text begin Blank application forms must be mailed to eligible voters who have requested an application pursuant to section 203B.04, subdivision 5, at least 60 days before:deleted text end

deleted text begin (1) each regularly scheduled primary for federal, state, county, city, or school board office; deleted text end

deleted text begin (2) each regularly scheduled general election for city or school board office for which a primary is not held; and deleted text end

deleted text begin (3) a special primary to fill a federal or county office vacancy or special election to fill a federal or county office vacancy, if a primary is not required to be held pursuant to section 204D.03, subdivision 3, or 204D.07, subdivision 3; and deleted text end

deleted text begin (4) any election held in conjunction with an election described in clauses (1) to (3); deleted text end

deleted text begin or at least 45 days before any other primary or other election for which a primary is not held. deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2024. new text end

Sec. 14.

Minnesota Statutes 2022, section 203B.06, subdivision 3, is amended to read:

Subd. 3.

Delivery of ballots.

(a) new text begin The county auditor, municipal clerk, school district clerk, or full-time clerk of any city or town administering an election pursuant to section 203B.05, shall mail absentee ballots to voters on the permanent absentee ballot list pursuant to section 203B.04, subdivision 5, on the following timelines:new text end

new text begin (1) except as otherwise provided by this section, at least 46 days before each regularly scheduled primary and general election and each special primary and special election; new text end

new text begin (2) as soon as practicable for a special election held pursuant to section 204D.19, subdivisions 2 and 3; and new text end

new text begin (3) at least 30 days before a town general election held in March. new text end

new text begin (b) new text end The commissioner of corrections must provide the secretary of state with a list of the names and mailing addresses of state adult correctional facilities. An application for an absentee ballot that provides an address included on the list provided by the commissioner of corrections must not be accepted and an absentee ballot must not be provided to the applicant. The county auditor or municipal clerk must promptly transmit a copy of the application to the county attorney. The Department of Corrections must implement procedures to ensure that absentee ballots issued under this chapter are not received or mailed by offenders incarcerated at state adult correctional facilities.

deleted text begin (b)deleted text end new text begin (c)new text end If an application for absentee ballots is accepted at a time when absentee ballots are not yet available for distribution, the county auditor, or municipal clerk accepting the application shall file it and as soon as absentee ballots are available for distribution shall mail them to the address specified in the application. If an application for absentee ballots is accepted when absentee ballots are available for distribution, the county auditor or municipal clerk accepting the application shall promptly:

(1) mail the ballots to the voter whose signature appears on the application if the application is submitted by mail and does not request commercial shipping under clause (2);

(2) ship the ballots to the voter using a commercial shipper requested by the voter at the voter's expense;

(3) deliver the absentee ballots directly to the voter if the application is submitted in person; or

(4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has been designated to bring the ballots, as provided in section 203B.11, subdivision 4, to a voter who would have difficulty getting to the polls because of incapacitating health reasons, or who is disabled, or who is a patient in a health care facility, a resident of a facility providing assisted living services governed by chapter 144G, a participant in a residential program for adults licensed under section 245A.02, subdivision 14, or a resident of a shelter for battered women as defined in section 611A.37, subdivision 4.

deleted text begin (c)deleted text end new text begin (d)new text end If an application does not indicate the election for which absentee ballots are sought, the county auditor or municipal clerk shall mail or deliver only the ballots for the next election occurring after receipt of the application. Only one set of ballots may be mailed, shipped, or delivered to an applicant for any election, except as provided in section 203B.121, subdivision 2, or when a replacement ballot has been requested by the voter for a ballot that has been spoiled or lost in transit.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2024. new text end

Sec. 15.

Minnesota Statutes 2022, section 203B.12, is amended by adding a subdivision to read:

new text begin Subd. 9. new text end

new text begin Names of persons; permanent absentee voters. new text end

new text begin The secretary of state must maintain a list of permanent absentee voters. The list must be available to the public in the same manner as public information lists in section 201.091, subdivisions 4, 5, and 9. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2024. new text end

Sec. 16.

Minnesota Statutes 2022, section 203B.12, is amended by adding a subdivision to read:

new text begin Subd. 10. new text end

new text begin Names of persons; absentee ballot applications. new text end

new text begin The names of voters who have submitted an absentee ballot application to the county auditor or municipal clerk must be available to the public in the same manner as public information lists in section 201.091, subdivisions 4, 5, and 9. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2024. new text end

Sec. 17.

Minnesota Statutes 2022, section 203B.121, subdivision 2, is amended to read:

Subd. 2.

Duties of ballot board; absentee ballots.

(a) The members of the ballot board shall take possession of all signature envelopes delivered to them in accordance with section 203B.08. Upon receipt from the county auditor, municipal clerk, or school district clerk, two or more members of the ballot board shall examine each signature envelope and shall mark it accepted or rejected in the manner provided in this subdivision. Election judges performing the duties in this section must be of different major political parties, unless they are exempt from that requirement under section 205.075, subdivision 4, or section 205A.10, subdivision 2.

(b) The members of the ballot board shall mark the signature envelope "Accepted" and initial or sign the signature envelope below the word "Accepted" if a majority of the members of the ballot board examining the envelope are satisfied that:

(1) the voter's name and address on the signature envelope are the same as the information provided on the absentee ballot applicationnew text begin or voter recordnew text end ;

(2) the voter signed the certification on the envelope;

(3) the voter's Minnesota driver's license, state identification number, or the last four digits of the voter's Social Security number are the same as a number on the voter's absentee ballot application or voter record. If the number does not match, the election judges must compare the signature provided by the applicant to determine whether the ballots were returned by the same person to whom they were transmitted;

(4) the voter is registered and eligible to vote in the precinct or has included a properly completed voter registration application in the signature envelope;

(5) the certificate has been completed as prescribed in the directions for casting an absentee ballot; and

(6) the voter has not already voted at that election, either in person or, if it is after the close of business on the seventh day before the election, by absentee ballot.

The signature envelope from accepted ballots must be preserved and returned to the county auditor.

(c)(1) If a majority of the members of the ballot board examining a signature envelope find that an absentee voter has failed to meet one of the requirements provided in paragraph (b), they shall mark the signature envelope "Rejected," initial or sign it below the word "Rejected," list the reason for the rejection on the envelope, and return it to the county auditor. There is no other reason for rejecting an absentee ballot beyond those permitted by this section. Failure to place the ballot within the secrecy envelope before placing it in the outer white envelope is not a reason to reject an absentee ballot.

(2) If an envelope has been rejected at least five days before the election, the envelope must remain sealed and the official in charge of the ballot board shall provide the voter with a replacement absentee ballot and signature envelope in place of the rejected ballot.

(3) If an envelope is rejected within five days of the election, the envelope must remain sealed and the official in charge of the ballot board must attempt to contact the voter deleted text begin bydeleted text end deleted text begin telephone or emaildeleted text end to notify the voter that the voter's ballot has been rejected. new text begin The ballot board must contact the voter by the method or methods of communication provided by the voter on the voter's application for an absentee ballot or voter registration.new text end The official must document the attempts made to contact the voter.

(d) The official in charge of the absentee ballot board must mail the voter a written notice of absentee ballot rejection between six and ten weeks following the election. If the official determines that the voter has otherwise cast a ballot in the election, no notice is required. If an absentee ballot arrives after the deadline for submission provided by this chapter, the notice must be provided between six to ten weeks after receipt of the ballot. A notice of absentee ballot rejection must contain the following information:

(1) the date on which the absentee ballot was rejected or, if the ballot was received after the required deadline for submission, the date on which the ballot was received;

(2) the reason for rejection; and

(3) the name of the appropriate election official to whom the voter may direct further questions, along with appropriate contact information.

(e) An absentee ballot signature envelope marked "Rejected" may not be opened or subject to further review except in an election contest filed pursuant to chapter 209.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2024. new text end

Sec. 18.

Laws 2023, chapter 12, section 9, is amended to read:

Sec. 9.

EFFECTIVE DATE.

Except as otherwise provided, this act is effective deleted text begin Julydeleted text end new text begin Junenew text end 1, 2023, and applies to the right to vote at elections conducted on or after that date.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 19.

new text begin TRANSITION TO NEW VOTER REGISTRATION APPLICATIONS. new text end

new text begin Notwithstanding the requirements of this act or Laws 2023, chapter 12, a completed voter registration application submitted by a voter is not deficient for purposes of registering that voter if the application form was printed or provided to the voter prior to the effective date of any modification required by this act or by Laws 2023, chapter 12. Beginning on the effective date of a modification required by this act or by Laws 2023, chapter 12, an election official must not print, copy, or publicly distribute a blank voter registration application that does not include the required modification. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

ARTICLE 3

MODERNIZE CAMPAIGN FINANCE SYSTEM TO EMPOWER VOTERS AND INCREASE DISCLOSURE OF SECRET SPENDING

Section 1. Minnesota Statutes 2022, section 10A.01, subdivision 16a, is amended to read:

Subd. 16a.

Expressly advocating.

"Expressly advocating" means that a communicationnew text begin :new text end

new text begin (1)new text end clearly identifies a candidate or a local candidate and uses words or phrases of express advocacynew text begin ; ornew text end

new text begin (2) when taken as a whole and with limited reference to external events, such as the proximity to the election, could only be interpreted by a reasonable person as containing advocacy of the election or defeat of one or more clearly identified candidates because: new text end

new text begin (i) the electoral portion of the communication is unmistakable, unambiguous, and suggestive of only one meaning; and new text end

new text begin (ii) reasonable minds could not differ as to whether the communication encourages actions to elect or defeat one or more clearly identified candidates or encourages some other kind of actionnew text end .

Sec. 2.

Minnesota Statutes 2022, section 10A.27, subdivision 11, is amended to read:

Subd. 11.

Contributions from certain types of contributors.

new text begin (a) new text end A candidate must not permit the candidate's principal campaign committee to accept a contribution from a political committee, political fund, lobbyist, or association not registered with the board if the contribution will cause the aggregate contributions from those types of contributors during an election cycle segment to exceed an amount equal to 20 percent of the election cycle segment expenditure limits for the office sought by the candidate, provided that the 20 percent limit must be rounded to the nearest $100.

new text begin (b) A candidate must not permit the candidate's principal campaign committee to accept a contribution that is prohibited by section 211B.15. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024, and applies to contributions, expenditures, and other applicable activities occurring on or after that date. new text end

Sec. 3.

Minnesota Statutes 2022, section 211B.15, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

new text begin (a) new text end For purposes of this section,new text begin the terms defined in this subdivision have the meanings given. Unless otherwise provided, the definitions in section 10A.01 also apply to this section.new text end

new text begin (b) "Chief executive officer" means the highest-ranking officer or decision-making individual with authority over a corporation's affairs. new text end

new text begin (c)new text end "Corporation" means:

(1) a corporation organized for profit that does business in this state;

(2) a nonprofit corporation that carries out activities in this state; or

(3) a limited liability company formed under chapter 322C, or under similar laws of another state, that does business in this state.

new text begin (d) "Foreign-influenced corporation" means a corporation as defined in paragraph (c), clause (1) or (3), for which at least one of the following conditions is met: new text end

new text begin (1) a single foreign investor holds, owns, controls, or otherwise has direct or indirect beneficial ownership of one percent or more of the total equity, outstanding voting shares, membership units, or other applicable ownership interests of the corporation; new text end

new text begin (2) two or more foreign investors in aggregate hold, own, control, or otherwise have direct or indirect beneficial ownership of five percent or more of the total equity, outstanding voting shares, membership units, or other applicable ownership interests of the corporation; or new text end

new text begin (3) a foreign investor participates directly or indirectly in the corporation's decision-making process with respect to the corporation's political activities in the United States. new text end

new text begin The calculation of a person's or entity's ownership interest for purposes of clauses (1) and (2) must exclude any portion of the person's or entity's direct or indirect beneficial ownership of equity, outstanding voting shares, membership units, or otherwise applicable ownership interests of a corporation that are held or owned in a mutual fund based in the United States. new text end

new text begin (e) "Foreign investor" means a person or entity that: new text end

new text begin (1) holds, owns, controls, or otherwise has direct or indirect beneficial ownership of equity, outstanding voting shares, membership units, or otherwise applicable ownership interests of a corporation; and new text end

new text begin (2) is any of the following: new text end

new text begin (i) a government of a foreign country; new text end

new text begin (ii) a political party organized in a foreign country; new text end

new text begin (iii) a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country; new text end

new text begin (iv) an individual outside of the United States who is not a citizen or national of the United States and who is not lawfully admitted for permanent residence in the United States; or new text end

new text begin (v) a corporation in which a foreign investor as defined in items (i) to (iv) holds, owns, controls, or otherwise has directly or indirectly acquired beneficial ownership of equity or voting shares in an amount that is equal to or greater than 50 percent of the total equity or outstanding voting shares. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024, and applies to contributions, expenditures, and other applicable activities occurring on or after that date. new text end

Sec. 4.

Minnesota Statutes 2022, section 211B.15, is amended by adding a subdivision to read:

new text begin Subd. 4a. new text end

new text begin Foreign-influenced corporations. new text end

new text begin (a) Notwithstanding subdivisions 3 and 4, a foreign-influenced corporation must not: new text end

new text begin (1) make an expenditure, or offer or agree to make an expenditure, to promote or defeat the candidacy of an individual for nomination, election, or appointment to a public office; new text end

new text begin (2) make contributions or expenditures to promote or defeat a ballot question, or to qualify a question for placement on the ballot; new text end

new text begin (3) make a contribution to a candidate for nomination, election, or appointment to a public office or to a candidate's principal campaign committee; or new text end

new text begin (4) make a contribution to a political committee, political fund, or political party unit. new text end

new text begin (b) A foreign-influenced corporation must not make a contribution or donation to any other person or entity with the express or implied condition that the contribution or donation or any part of it be used for any of the purposes prohibited by this subdivision. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024, and applies to contributions, expenditures, and other applicable activities occurring on or after that date. new text end

Sec. 5.

Minnesota Statutes 2022, section 211B.15, is amended by adding a subdivision to read:

new text begin Subd. 4b. new text end

new text begin Certification of compliance with subdivision 4a. new text end

new text begin A corporation as defined in subdivision 1, paragraph (c), clause (1) or (3), that makes a contribution or expenditure authorized by subdivision 3 or 4 must submit a certification to the Campaign Finance and Public Disclosure Board that it was not a foreign-influenced corporation as of the date the contribution or expenditure was made. The certification must be submitted within seven business days after the contribution or expenditure is made and must be signed by the corporation's chief executive officer after reasonable inquiry, under penalty of perjury. If the activity requiring certification was a contribution to an independent expenditure committee, the corporation must additionally provide a copy of the certification to that committee. For purposes of this certification, the corporation shall ascertain beneficial ownership in a manner consistent with chapter 302A or, if it is registered on a national securities exchange, as set forth in Code of Federal Regulations, title 17, sections 240.13d-3 and 240.13d-5. The corporation shall provide a copy of the statement of certification to any candidate or committee to which it contributes, and upon request of the recipient, to any other person to which it contributes. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024, and applies to contributions, expenditures, and other applicable activities occurring on or after that date. new text end

Sec. 6.

Minnesota Statutes 2022, section 211B.15, subdivision 7b, is amended to read:

Subd. 7b.

Knowing violations.

An individual or a corporation knowingly violates this section if, at the time of a transaction, the individual or the corporation knew:

(1) that the transaction causing the violation constituted a contribution under chapter 10A, 211A, or 383B; and

(2) that the contributor was a corporation subject to the prohibitions of subdivision 2new text begin or 4anew text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024, and applies to contributions, expenditures, and other applicable activities occurring on or after that date. new text end

Office of the Revisor of Statutes

Minnesota Session Laws - 2023, Regular Session

Resources

Chapter 34

CHAPTER 34--H.F.No. 3

ARTICLE 1

STRENGTHEN THE FREEDOM TO VOTE

Section 1.

Minnesota Statutes 2022, section 13.607, is amended by adding a subdivision to read:

new text begin Subd. 9. new text end

new text begin Ineligible voter data. new text end

Sec. 2.

Minnesota Statutes 2022, section 171.06, subdivision 3, as amended by Laws 2023, chapter 13, article 1, section 3, is amended to read:

Subd. 3.

Contents of application; other information.

new text begin EFFECTIVE DATE. new text end

Sec. 3.

Minnesota Statutes 2022, section 201.054, subdivision 1, is amended to read:

Subdivision 1.

Registration.

new text begin EFFECTIVE DATE. new text end

Sec. 4.

Minnesota Statutes 2022, section 201.054, subdivision 2, is amended to read:

Subd. 2.

Prohibitions; penalty.

new text begin EFFECTIVE DATE. new text end

Sec. 5.

Minnesota Statutes 2022, section 201.061, is amended by adding a subdivision to read:

new text begin Subd. 1b. new text end

new text begin Preregistration. new text end

new text begin EFFECTIVE DATE. new text end

Sec. 6.

Minnesota Statutes 2022, section 201.071, subdivision 1, as amended by Laws 2023, chapter 12, section 2, is amended to read:

Subdivision 1.

Form.

new text begin EFFECTIVE DATE. new text end

Sec. 7.

Minnesota Statutes 2022, section 201.071, subdivision 1, as amended by Laws 2023, chapter 12, section 2, is amended to read:

Subdivision 1.

Form.

new text begin EFFECTIVE DATE. new text end

Sec. 8.

Minnesota Statutes 2022, section 201.091, subdivision 4, is amended to read:

Subd. 4.

Public information lists.

new text begin EFFECTIVE DATE. new text end

Sec. 9.

Minnesota Statutes 2022, section 201.161, is amended to read:

201.161 deleted text begin DRIVER'S LICENSE AND IDENTIFICATION CARD APPLICATIONSdeleted text end new text begin AUTOMATIC VOTER REGISTRATIONnew text end .

new text begin Subdivision 1. new text end

new text begin Automatic registration. new text end

new text begin Subd. 2. new text end

new text begin Option to decline. new text end

new text begin Subd. 3. new text end

new text begin Department of Public Safety. new text end

new text begin Subd. 4. new text end

new text begin Department of Human Services. new text end

new text begin Subd. 5. new text end

new text begin Other agencies and units of government. new text end

new text begin Subd. 6. new text end

new text begin Registration. new text end

new text begin Subd. 7. new text end

new text begin Prosecution of registration violations; voluntary action required. new text end

new text begin Subd. 8. new text end

new text begin Effective date of registration. new text end

Sec. 10.

Minnesota Statutes 2022, section 201.162, is amended to read:

201.162 DUTIES OF STATE AGENCIES.

Sec. 11.

Minnesota Statutes 2022, section 203B.04, subdivision 1, is amended to read:

Subdivision 1.

Application procedures.

new text begin EFFECTIVE DATE. new text end

Sec. 12.

Minnesota Statutes 2022, section 203B.04, subdivision 5, is amended to read:

Subd. 5.

Permanent absentee voter status.

new text begin EFFECTIVE DATE. new text end

Sec. 13.

Minnesota Statutes 2022, section 203B.06, subdivision 1, is amended to read: